HomeCase studiesSMEs, directors & shareholdersCommercial litigation and dispute resolutionPreventing the disqualification of a charity trustee by the Charity Commission

Why the client needed our help

Our client, the director and trustee of a liquidated charity company and director / trustee of several trading incorporated charities, approached us after being issued with a notice of disqualification as charity trustee (pursuant section 181A of the Charities Act 2011) by the Charity Commission. He sought assistance preventing his disqualification, which would mean his immediate retirement as director and trustee of these charities (and the risk of no management in respect of them).

How we helped

Through extensive and detailed representations supported by careful instruction taking, we succeeded in persuading the Charity Commission to agree that there were no grounds to disqualify. Ongoing representations were provided to the commission addressing the authority under the Charities Act 2011 and, in particular, the conditions that the Charity Commissioner is required to consider when deciding whether to issue a Disqualification Order (which can be made without court proceedings).

The outcome

The commission decided not to disqualify our client for five years. The enquiries were brought to an immediate end and this meant that our client was able to continue acting as a director and charity trustee of his other charities without the risk of further action by the commission.

Key contacts

Stephen Downie

Stephen Downie

Partner

Carly Moore-Martin

Carly Moore-Martin

Senior Associate

Tom Serafin

Tom Serafin

Associate

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